Environmental Judge Certification in an Effort to Realize the Green Legislation Concept in Indonesia

Saleh, Indah Nur Shanty and Spaltani, Bita Gadsia (2021) Environmental Judge Certification in an Effort to Realize the Green Legislation Concept in Indonesia. Law and Justice, 6 (1). pp. 1-18. ISSN 25498282

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Abstract

The purpose of this research is to find out, analyze, and explain the
certification of environmental judges in an effort to realize the concept
of green legislation in Indonesia. This research is a normative or
doctrinal legal research. The data analysis was carried out
qualitatively, so it is hoped that the discussion can accurately answer
the problem formulation. This research resulted in the following
conclusions: first; Environmental judge certification is important in
the effort to implement green legislation in Indonesia based on four
considerations, namely: in the context of realizing the 1945 Indonesian
Constitution as a green constitution, the strategic role of judges’
decisions in realizing human and environmental justice, contributing
to the effectiveness of environmental law enforcement. as well as for
the integrated exercise of judicial or judicial powers in the principles
of trias politica. Second, that with regard to the application of
environmental judge certification in an effort to realize green
legislation, the government has issued the RI KMA Decree Number:
134/KMA/SK/IX/2011 which regulates Certification of Environmental
Judges which is used as a reference point for legal development
regarding the judge certification system. environment in the settlement
of civil, criminal and state administration cases in the environmental
field. At the same time, judges training and coaching are conducted
every year so that the need for the number of certified environmental
judges is met in each region. Third, that the direction of legal reform
relating to the provisions of environmental judge certification in an
effort to realize green legislation can be carried out through guarding
the environmental judge certification policy by cooperating with
various parties; increase the capability of judges in the field of
environmental science; as well as strengthening the judges’ thinking
paradigm so that it is pro-environment or pro-natura (green thinking)
as a form of embodiment of environmental legal norms according to
the green constitution and green legislation in Indonesia. The benefit
of this research is in the context of gaining insight among legal experts
and legislative parties in improving the substance of law, especially
environmental law which represents the concept of green legislation.
This research contains novelty and differences from other research in
terms of discouraging ideas and models of public policy reform with
the concept of green legislation which is used as a legal umbrella in
the form of laws on legal substances related to environmental judge
certification

Item Type:	Artikel Umum
Keyword:	Judge, Environmental Certification, Green Legislation
Subjects:	K Law > K Law (General)
Divisi / Prodi:	Faculty of Law (Fakultas Hukum) > S1-Law Science (S1-Hukum)
Depositing User:	Dr., M.Hum Indah Nur Shanty Saleh
Date Deposited:	10 Apr 2023 01:23
Last Modified:	10 Apr 2023 01:23
URI:	http://eprints.uad.ac.id/id/eprint/42779

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